Opinion
No. 2023-51243 No. 2022-999 K C
10-06-2023
Damian Fallon, Respondent, v. ERM Realty Services, Appellant.
ERM Realty Services, appellant pro se. Damian Fallon, respondent pro se.
Unpublished Opinion
ERM Realty Services, appellant pro se.
Damian Fallon, respondent pro se.
PRESENT:: WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (D. Bernadette Neckles, J.), entered October 3, 2022. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,250.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover a $2,250 security deposit from defendant, her former landlord. Following a nonjury trial, the Civil Court awarded plaintiff a judgment in the principal sum of $2,250.
In a small claims action, our review is limited to a determination of whether "substantial justice has... been done between the parties according to the rules and principles of substantive law" (CCA 1807; see CCA 1804; Ross v Friedman, 269 A.D.2d 584 [2000]; Williams v Roper, 269 A.D.2d 125 [2000]). Furthermore, the determination of a trier of fact as to issues of credibility is given substantial deference, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Vizzari v State of New York, 184 A.D.2d 564 [1992]; Kincade v Kincade, 178 A.D.2d 510, 511 [1991]). This deference applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 A.D.2d at 126).
In general, a security deposit remains the property of the tenant (see General Obligations Law § 7-103) and, upon the tenant's vacating the premises, must be returned to the tenant "absent proof, for example, that the tenant caused damage beyond that attributable to ordinary wear and tear" (Quijano v Rowinski, 64 Misc.3d 128[A], 2019 NY Slip Op 50990[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; see Blansett v Zambrana, 74 Misc.3d 138 [A], 2022 NY Slip Op 50310[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]). As defendant failed to demonstrate that, to the extent any of the alleged damage was beyond normal wear and tear, it was attributable to plaintiff's actions, we find that the judgment in favor of plaintiff rendered substantial justice between the parties according to the rules and principles of substantive law (see CCA 1804, 1807). We note that defendant also failed to demonstrate compliance with General Obligations Law § 7-108 (1-a) (e).
This court does not consider factual assertions which are dehors the record (see Chimarios v Duhl, 152 A.D.2d 508 [1989]).
Accordingly, the judgment is affirmed.
TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.